1. The plaintiffs' claims against the defendant are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

1. Basic facts

A. On November 8, 2017, Plaintiff A entered into a contract for the supply of a hotel D’s hotel (hereinafter “instant hotel”) E and F, and for the management, operation, and lease of the said hotel E and F. On the same day, Plaintiff A entered into a contract with the Defendant for the same purport as the instant hotel E (hereinafter “instant contract”). B. Pursuant to the instant contract, Plaintiff A paid KRW 24,698,090 for the instant hotel E and the down payment for KRW 36,112,880 for the instant hotel E., and Plaintiff B paid the down payment for KRW 36,112,880 for the instant hotel E.

In addition, the plaintiff A received the intermediate payment from the financial institution announced by the defendants, and the plaintiff B, the U.S., failed to pay the intermediate payment in question.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 4, the purport of the whole pleadings

2. The assertion and judgment

A. (1) According to the instant contract, if the Plaintiffs were unable to enter the instant contract within three months from the scheduled date of entry due to Defendant’s fault, the Plaintiffs may rescind the instant contract. From June 30, 2018 to October 30, 2018, which was three months after the scheduled date of the completion of the contract, the Plaintiffs obtained approval for use on October 30, 2018, and the Plaintiffs, upon business permission granted on November 13, 2018, notified the rescission of the contract on November 22, 2018.

Therefore, the plaintiffs seek the payment of the down payment and the intermediate payment that are paid and the agreed penalty equivalent to 10% of the sales price.

(2) While the Plaintiff B was a U.S. and was unable to receive an intermediate payment loan from a financial institution designated by the Defendant, the employee G division of the Defendant is entitled to a loan from the U.S.

Denmarked.

Therefore, as a preliminary claim, the contract of this case is canceled or cancelled for the reason of the failure to pay the intermediate payment by deception, mistake, and part payments.